XXI. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

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1 XXI. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION A. POLICY AURA is committed to the full development of the human resources that support our mission. We strive to create and maintain a work environment in which people are treated with dignity, decency and respect. All employees, regardless of their positions, are covered by, and are expected to comply with, this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Management is expected to lead in developing and practicing fairness, good behavior and providing a good work climate for all staff. Each Center Director will appoint a Diversity Advocate for the Center. The Advocate s role shall be to serve as a leader within the Center to ensure that practices and policies are in place to advance AURA s commitment to diversity within our organization and throughout the astronomical community. The Advocate shall also serve as the Center s main liaison with the AURA Committee on Workforce and Diversity. AURA is an equal opportunity employer and an affirmative action employer. AURA complies with all applicable federal, state and local laws prohibiting employment discrimination and expects all individuals to conform to the spirit as well as the letter of all applicable laws and regulations. AURA prohibits discrimination of any type and affords equal employment opportunities to employees and applicants without regard to race, gender, sexual orientation and/or gender identity expression, color, age, religion, national origin, lawful political affiliation, disability, veteran status, and/or any other protected class as may be legally established in the jurisdictions in which our Centers are located. Prohibition against discrimination extends to all personnel actions including: Recruitment Employment Promotion Transfer Training Compensation Benefits Working Conditions Termination and/or Layoff Application of Policies All employment decisions shall be consistent with the principle of equal employment opportunity and only job-related qualifications will be required. All applicants possessing the minimal qualifications for any vacant position will be considered. To accomplish the long-range objectives of its Equal Employment Opportunity/ Affirmative Action (EEO/AA) Policy, AURA recognizes that continued affirmative action must be undertaken. AURA s employment practices will be periodically reviewed to ensure that job opportunities are called to the attention of underutilized group members B-XXI Equal Employment Opportunity and Affirmative Action Plan Page 1

2 and that these individuals are offered positions on the same basis as other applicants or employees. Emphasis will be placed on seeking and encouraging applications from women, minorities, individuals with disabilities, and protected veterans, where such applicants with necessary qualifications and potential are available. Placement or promotion activities at all levels will be monitored to ensure that full consideration is given to all qualified employees from under-represented groups. Emphasis will be placed on promotion from within. This provides opportunities for individuals in under-represented groups to compete for placement or promotion at higher skill levels. AURA, under its Affirmative Action Plan, will give special consideration to women, minorities, individuals with disabilities and protected veterans for placement and/or promotion where the individual Center s availability permits. AURA will take positive strides to employ, advance in employment, and otherwise treat persons covered under the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, without discrimination. AURA maintains written Affirmative Action Plans and reporting for Women and Minorities as well as Individuals with Disabilities and Protected Veterans. These Plans and reports contain detailed information regarding the specifics of communication, administration and evaluation of all aspects of AURA s EEO/AA activities. They are available at each Center, are updated annually, and are maintained for three (3) years. They are available for viewing by scheduling an appointment with the Center Human Resources Office. The reports are considered proprietary and confidential. Any records on complaints, compliance reviews and other required reports are kept for at least three years. AURA Center s will seek out affirmative opportunities to provide training and opportunities to assist qualifying women, members of under-represented minority groups, individuals with disabilities and protected veterans who would otherwise not be offered employment or promotion. All employees are encouraged to increase their skills and job potential through participation in available training and educational assistance programs. AURA's policy invites all applicants and employees who believe themselves to be covered by an Act and who wish to benefit under the Affirmative Action Program to identify themselves. This information shall be voluntarily provided and will be kept confidential. Refusal to provide this information will not subject the applicant or employee to any adverse treatment and will only be used in accordance with the Acts and their regulations. The program is administered at the AURA facilities in Chile under the customs and laws of Chile. B. EEO/Affirmative Action Responsibilities 1. The Center Human Resources Managers are designated as the EEO/AA Program Managers, and they are responsible to the AURA President for all phases of the AURA EEO/AA Program. The EEO/AA Program Managers shall: B-XXI Equal Employment Opportunity and Affirmative Action Plan Page 2

3 a. Prepare, under the overall direction of AURA, Equal Employment Opportunity/ Affirmative Action (EEO/AA) policy statements and programs, to include programs for Women, Minorities, Individuals with Disabilities and Protected Veterans. b. Establish short- and long-term EEO/AA goals. c. Prepare the reports required by local, state and federal regulations. d. Provide guidance and assistance to all AURA organizational elements in making the EEO/AA Program a model program. e. Disseminate information regarding AURA's program, both internally and externally. f. Maintain liaison with government organizations and organizations for individuals with disabilities and protected veterans to establish and develop mutually beneficial relationships; g. Identify problems and problem areas and developing recommendations for solutions by pursuance of methods for reasonable accommodations; h. Audit employment and relevant procedures to ensure that the program is realistic and effective; i. Keep management informed of the latest developments and status of the AURA program by preparation of a formal annual report and informal interim reports as required; j. Investigate complaints, should they occur, taking appropriate action, and maintaining records in accordance with Federal, State, and local requirements; k. Cooperate with the Department of Labor and supply any pertinent information to them. 2. Each Center Director will: a. Ensure the policy is applied without reservation to all actions within his or her responsibility in regard to conditions and privileges of employment. b. Ensure that procedures for monitoring opportunities for utilization of present skills of employees are established and for direction of unnecessary or non-job-related criteria from job qualification requirements. c. Cause the AURA Grievance Procedure to be reviewed to insure it is carried out in accordance with EEO/AA guidelines. d. Develop a system for internal program evaluation to include progress reports to be furnished to the EEO/AA Program Manager for compilation. e. Ensure Center participation in local community efforts to improve conditions which affect employability. B-XXI Equal Employment Opportunity and Affirmative Action Plan Page 3

4 f. Assist the AURA EEO/AA Program Managers in dissemination of information, both internally and externally, identification of problem areas and helping to develop solutions; and g. Investigate and attempt to correct the reasons for complaints, should they occur. C. DISSEMINATION OF EEO POLICY The Affirmative Action Program includes procedures for the dissemination of AURA s EEO/AA policy. The primary objective of this aspect of the program is to insure awareness and understanding of the program by all employees. It is understood that this is a crucial factor in achieving the goal of Equal Employment Opportunity for AURA. 1. Internal a. Each Center will disseminate the EEO/AA Policy to all employees at the time of hire as well as to managers and supervisors who are involved with the appointment, transfer and promotion of personnel. b. The AURA EEO/AA Policy will be posted and maintained on the AURA website. c. Employee newsletters will contain a reminder that AURA is an Equal Opportunity Employer. d. Position descriptions will be established and reviewed as part of the performance evaluation procedure to ensure they contain no language which may be discriminatory. e. AURA s EEO/Affirmative Action policy and progress will be reviewed, at least annually, with each Center s managers and supervisors. AURA's commitment to the policy will be discussed during management, supervisory and employee meetings. f. A copy of the Affirmative Action Plan will be available for employees and applicants to review. 2. External a. Dissemination of EEO/AA Policy includes publicizing the policy to organizations within the community whose membership includes significant numbers of, or which represent, minorities, women, individuals with disabilities and protected veterans. Continuous contact with such organizations will be maintained by each Center EEO/AA Program Manager for assistance in current recruitment and also to aid in maintaining the flow of applicants for future openings. All organizations contacted will be advised on AURA's EEO/AA commitment to meeting hiring goals in filling current openings. b. Additional recruiting sources will be cultivated as a part of each Center s recruiting program. B-XXI Equal Employment Opportunity and Affirmative Action Plan Page 4

5 c. Employment advertising will make reference to AURA's Equal Employment Opportunity/Affirmative Action policy and clearly convey AURA's desire to interest all applicants. d. All recruiting sources used by AURA will be advised in writing of the policy and urged to include women, minorities, individuals with disabilities and protected veterans in their referrals. e. AURA will request appropriate agencies for the handicapped and veterans to assist in making known AURA's policy and will advise such groups of employment opportunities. f. Reminders will be sent at least once each year to employment and recruitment sources. g. The policy will be included in all contracts and subcontracts that are for more than $2,500. h. Applicants may review the plan, which is available in the Human Resources Office. i. An annual report will be made stating utilization percentages of women, minorities, individuals with disabilities and protected veterans for each job category. Goals will be set annually based on the availability of target group members. Results, problems, adverse trends or patterns obtained as a result of any of the above procedures will be reported to the Center Director, or a designee, and to the EEO/AA Program Manager(s). j. The Center Director, or a designee, generally will review all appointments and promotions of non-minorities or male candidates where a minority or female applicant is available in an underutilized job category. B-XXI Equal Employment Opportunity and Affirmative Action Plan Page 5

6 DEFINITIONS 1. Individual With A Disability For purposes of the Rehabilitation Act, an individual with a disability is anyone who has a physical or mental impairment, which substantially limits one or more of his or her major life activities or has a record of such impairment and is regarded as having such impairment. This is consistent with Executive Order No , and pursuant to Section 503 of the Rehabilitation Act of 1973, as amended, Public Law , and the 1974 amendments to the Act. 2. A Protected Veteran According to the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended by the Jobs for Veterans Act of 2002, a protected veteran is an individual who fits one of the following classifications: a) A disabled veteran is one of the following: a veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs; or a person who was discharged or released from active duty because of a service-connected disability. b) A recently separated veteran means any veteran during the three-year period beginning on the date of such veteran s discharge or release from active duty in the U.S. military, ground, naval, or air service. c) An active duty wartime or campaign badge veteran means a veteran who served on active duty in the U.S. military, ground, naval or air service during a war, or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense. d) An Armed Forces Service Medal veteran means a veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces Service Medal was awarded pursuant to Executive Order ACCOMMODATIONS Pursuant to Section 503 of the Rehabilitation Act of 1973, as amended, AURA and its Centers will provide reasonable accommodation to individuals with disabilities to allow the individual to fulfill the requirements of the position. Individuals with disabilities who are candidates for employment or existing employees are encouraged to inform the Human Resources Representative if they require reasonable accommodation to apply for a job or perform a job. AURA and its Centers will attempt to accommodate requests for reasonable accommodation to the extent that the request does not impose an undue hardship on the organization. Individuals are requested to respond to the following: 1. Specify the skills and procedures you use or intend to use to perform the job notwithstanding the disability and, B-XXI Equal Employment Opportunity and Affirmative Action Plan Page 6

7 2. Specify the accommodations the organization could make which would enable you to perform the job properly and safely, including special equipment, changes in the physical layout of the job, elimination of certain duties relating to the job, or other accommodations. Based on the requirements of the job and to ensure proper placement, AURA may require a physical examination to be conducted on a prospective or current employee to evaluate requested accommodations or restrictions on work or duties or any hazards that could exist for the individual or co-workers. Supervisors and/or managers may be informed regarding restrictions on the work or duties of the person, any potential risks for the individual and/or coworkers and/or regarding necessary accommodations. First aid personnel may be informed, when and to the extent appropriate, if the condition might require emergency treatment. B-XXI Equal Employment Opportunity and Affirmative Action Plan Page 7

8 ATTACHMENT 1 Affirmative Action Obligations of Contractors and Subcontractors for Protected Veterans AURA is a government contractor subject to Section 102 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, which requires government contractors to take affirmative action to employ and advance in employment qualified protected veterans. If you are a protected veteran and would like to be considered under the affirmative action program, please tell us. This information is voluntary and refusal to provide it will not subject you to discharge or disciplinary treatment. Information obtained concerning individuals shall be kept confidential, except that (i) supervisors and managers may be informed regarding restrictions on the work or duties of disabled veterans, and regarding necessary accommodation, and (ii) first aid personnel may be informed, when and to the extent appropriate, if the condition of a disabled veteran might require emergency treatment and (iii) government officials investigating compliance with the Act shall be informed. In order to assure proper placement of all employees, we do request that you respond to the following statement: If you have a disability which might affect your ability to perform the essential duties of the job or create a risk for yourself or others in connection with the job for which you are applying, please state the following: (1) The skills and procedures you use or intend to use to perform the job notwithstanding the disability and (2) the accommodations we could make which would enable you to perform the job properly and safely, including special equipment, changes in the physical layout of the job, elimination of certain duties relating to the job or other accommodations. B-XXI Equal Employment Opportunity and Affirmative Action Plan Page 8

9 ATTACHMENT 2 Affirmative Action Obligations of Contractors and Subcontractors for Individuals with Disabilities AURA is a government contractor subject to Section 503 of the Rehabilitation Act of 1973, as amended, which requires government contractors to take affirmative action to employ and advance in employment, qualified individuals with disabilities. If you have such a disability and would like to be considered under the program, please tell us. Submission of this information is voluntary and refusal to provide it will not subject you to discharge or disciplinary treatment. Information obtained concerning individuals shall be kept confidential, except that (i) supervisors and managers may be informed regarding restrictions on the work or duties of individuals with disabilities, and regarding necessary accommodations, (ii) first aid and safety personnel may be informed, when and to the extent appropriate, if the condition might require emergency treatment, and (iii) government officials investigating compliance with the Act shall be informed. In order to assure proper placement of all employees, we do request that you respond to the following statement: If you have a disability which might affect your ability to perform the essential duties of the job or create a risk for yourself or others in connection with the job for which you are applying, please state the following: (1) The skills and procedures you use or intend to use to perform the job notwithstanding the disability and (2) the accommodations we could make which would enable you to perform the job properly and safely, including special equipment, changes in the physical layout of the job, elimination of certain duties relating to the job or other accommodations. B-XXI Equal Employment Opportunity and Affirmative Action Plan Page 9